Bartter Enterprises Pty Ltd

Case

[2023] FWCA 2427

3 AUGUST 2023


[2023] FWCA 2427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bartter Enterprises Pty Ltd

(AG2023/2506)

BARTTER ENTERPRISES PTY LTD HANWOOD PLANT (PRODUCTION, DISTRIBUTION AND RENDERING EMPLOYEES) ENTERPRISE AGREEMENT 2023-2027

Poultry processing industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 3 AUGUST 2023

Application for approval of the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2023-2027

  1. An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bartter Enterprises Pty Ltd. The Agreement is a single enterprise agreement. 

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

  1. The Australian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. 

  1. The Agreement was approved on 3 August 2023 and, in accordance with s.54, will operate from 10 August 2023. The nominal expiry date of the Agreement at clause 3.1 is 18 July 2027. 

DEPUTY PRESIDENT

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